Annual Report: 2002-2003CHAPTER V: THE ACCESS TO INFORMATION ACT IN THE COURTSA. The Role of the Federal Court A fundamental principle of the Access to Information Act, set forth in section 2, is that decisions on
disclosure of government information should be reviewed independently of government. The
commissioner's office and the Federal Court of Canada are the two levels of independent review
provided by the law.
Requesters dissatisfied with responses received from government to their access requests first must
complain to the Information Commissioner. If they are dissatisfied with the results of his
investigation, they have the right to ask the Federal Court to review the department's response. If the
Information Commissioner is dissatisfied with a department's response to his recommendations, he
has the right, with the requester's consent, to ask the Federal Court to review the matter.
This reporting year the commissioner's office investigated 1,004 complaints. Only two cases could
not be resolved to the commissioner's satisfaction and these resulted in two new applications for
review being filed by the commissioner. Five applications for court review were filed by dissatisfied
requesters. Third parties opposing disclosure filed 14 applications. References to specific sections, subsections, paragraphs, and/or subparagraphs in the Access to Information Act:
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